Papua New Guinea Independence Act 1975

Administered by Department of Foreign Affairs and Trade

Legislation au C2004A01408 In force Act

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Papua New Guinea Independence Act 1975

 

No. 98 of 1975

 

 

 

 

 

An Act relating to the attainment of Independence by Papua New Guinea

 

 

 

Contents

1  Short title

2  Commencement

3  Interpretation

4  Withdrawal of sovereignty etc. of Australia

5  Repeal etc. of laws

6  Regulations

Schedule 1—Acts repealed

 

 

 

Papua New Guinea Independence Act 1975

 

No. 98 of 1975

 

 

 

An Act relating to the attainment of Independence by Papua New Guinea

[Assented to 9 September 1975]

The Parliament of Australia enacts:

WHEREAS certain territories and islands formerly constituting the Possession of British New Guinea and placed by the Crown under the authority of Australia were administered by Australia under the Papua Act 1905‑1940 as the Territory of Papua:

AND WHEREAS, in accordance with a Mandate under the Covenant of the League of Nations, certain territories and islands, being former German possessions, were administered by Australia under the New Guinea Act 1920‑1935 as the Territory of New Guinea:

AND WHEREAS the Territory of Papua and the Territory of New Guinea were, for a period, administered jointly by Australia under the Papua‑New Guinea Provisional Administration Act 1945‑1946:

AND WHEREAS Australia's administration of the Territory of Papua became subject to Chapter XI of the Charter of the United Nations:

AND WHEREAS, in accordance with Chapter XII of that Charter, the General Assembly of the United Nations on 13 December 1946 approved the terms of a Trusteeship Agreement for the Territory of New Guinea, submitted to it by the Government of Australia, in substitution for the terms of the Mandate, which agreement designates the Government of Australia as the sole Authority to exercise the administration of the Territory of New Guinea:

AND WHEREAS the Papua and New Guinea Act 1949 provided for the administration of the Territory of Papua and the Territory of New Guinea by Australia in an administrative union, by the name of the Territory of Papua and New Guinea, whilst maintaining the identity and status of the Territory of New Guinea as a Trust Territory and the identity and status of the Territory of Papua as a Possession of the Crown:

AND WHEREAS on 18 November 1963 a House of Assembly was established by the Papua and New Guinea Act 1963 to make laws for the peace, order and good government of the Territory of Papua and New Guinea:

AND WHEREAS, by virtue of the Papua New Guinea Act 1971, the Territories governed in the administrative union became together known as Papua New Guinea:

AND WHEREAS on 9 July 1974 the House of Assembly resolved that Papua New Guinea move to independent nation status:

AND WHEREAS the General Assembly of the United Nations on 13 December 1974 noted that resolution and resolved that, on the date on which Papua New Guinea became independent, the Trusteeship Agreement would cease to be in force:

AND WHEREAS on 18 June 1975 the House of Assembly nominated 16 September 1975 as the date on which Papua New Guinea is to become independent:

AND WHEREAS on 16 September 1975 Papua New Guinea is to become an independent sovereign state by the name of the Independent State of Papua New Guinea, having a constitution established, adopted and given to themselves by the people of Papua New Guinea acting through their Constituent Assembly:

BE IT THEREFORE ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:

1  Short title

  This Act may be cited as the Papua New Guinea Independence Act 1975.

2  Commencement

  This Act shall come into operation on the day on which it receives the Royal Assent.

3  Interpretation

 (1) In this Act:

Independence Day means 16 September 1975.

Papua New Guinea has the same meaning as in the Papua New Guinea Act 1949‑1975.

 (2) In this Act, a reference to an Act or to an Imperial Act includes a reference to an instrument made under an Act or an Imperial Act.

4  Withdrawal of sovereignty etc. of Australia

  On the expiration of the day preceding Independence Day, Australia ceases to have any sovereignty, sovereign rights or rights of administration in respect of or appertaining to the whole or any part of Papua New Guinea.

5  Repeal etc. of laws

  On the expiration of the day preceding Independence Day:

 (a) the Acts specified in the Schedule are repealed; and

 (b) every Act, and every Imperial Act, extending to the whole or any part of Papua New Guinea as part of the law of Papua New Guinea ceases so to extend.

6  Regulations

 (1) The Governor‑General may make regulations making provision for or in relation to matters arising out of or connected with the attainment of the independence of Papua New Guinea, including regulations making modifications or adaptations of any Act.

 (2) Regulations under subsection (1) made before Independence Day shall not have effect before that day.

Schedule 1—Acts repealed

Section 5

Papua and New Guinea Act 1949

Papua and New Guinea Act 1954

Papua and New Guinea Act 1957

Papua and New Guinea Act 1960

Papua and New Guinea Act (No. 2) 1960

Papua and New Guinea Act 1963

Papua and New Guinea Act 1964

Papua and New Guinea Act 1966

Papua and New Guinea Act 1968

Papua and New Guinea Act (No. 2) 1968

Papua and New Guinea Act 1971

Papua New Guinea Act 1971

Papua New Guinea Act 1972

Papua New Guinea Act 1973

Papua New Guinea Act (No. 2) 1973

Papua New Guinea Act 1974

Papua New Guinea Act (No. 2) 1974

Papua New Guinea Act 1975

Overview

The Papua New Guinea Independence Act 1975 was enacted by the Parliament of Australia to facilitate the transition of Papua New Guinea from a trust territory under Australian administration to an independent sovereign state. This legislation was introduced to formalise the withdrawal of Australian sovereignty and administrative rights over Papua New Guinea, which was set to occur on 16 September 1975. The policy objective was to ensure a smooth and orderly transition to independence, including the repeal of existing laws that applied to Papua New Guinea and the cessation of Australian legislative and administrative control over the territory. The Act provided a legal framework for the transfer of authority and the establishment of Papua New Guinea as an independent nation with its own constitution.

Scope and Application

The Papua New Guinea Independence Act 1975 is an Act of the Parliament of Australia that formally recognises the independence of Papua New Guinea and delineates the legal framework for the transition from Australian administration to Papua New Guinea's sovereignty. This Act applies to the cessation of Australian sovereignty, sovereign rights, and administrative powers over Papua New Guinea, effective from the day preceding 16 September 1975, which is designated as Independence Day. It also entails the repeal of specified legislative acts that were previously applicable to Papua New Guinea, ensuring that no Australian laws continue to extend to the territory post-independence. Additionally, the Governor-General is empowered to make regulations that address matters arising from Papua New Guinea's attainment of independence, including modifications or adaptations of existing laws. The geographical scope of this Act is confined to Papua New Guinea, and it encompasses the full withdrawal of Australian legal and administrative influence over the territory.

Key Provisions

The Papua New Guinea Independence Act 1975 (section 1) establishes the legal framework for Papua New Guinea's transition to independence from Australia. Section 2 specifies that the Act comes into operation on the day it receives the Royal Assent, which was 9 September 1975. Section 3 provides definitions for terms used in the Act, including "Independence Day," which is 16 September 1975, and "Papua New Guinea," which refers to the territory governed by the Papua New Guinea Act 1949-1975. Section 4 details the withdrawal of Australian sovereignty over Papua New Guinea, stating that Australia ceases to have any sovereignty, sovereign rights, or rights of administration in respect of Papua New Guinea on the day preceding Independence Day. Section 5 addresses the repeal of various laws and the cessation of the extension of Australian and Imperial Acts to Papua New Guinea. Section 6 grants the Governor-General the authority to make regulations related to Papua New Guinea's independence, including modifications or adaptations of any Act, with regulations made before Independence Day taking effect only on or after that date. The Papua New Guinea Independence Act 1975 imposes several obligations on the parties involved. Australia is required to cease any sovereignty, sovereign rights, or rights of administration over Papua New Guinea on the day preceding Independence Day (section 4). The Governor-General is tasked with making regulations necessary for the independence of Papua New Guinea, including modifying or adapting any Act, and these regulations must take effect on or after Independence Day (section 6). Additionally, the Act mandates the repeal of specified laws and the cessation of the extension of Australian and Imperial Acts to Papua New Guinea on the day preceding Independence Day (section 5). Breach of the provisions in the Papua New Guinea Independence Act 1975 may result in legal consequences. However, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. The primary focus of the Act is the legal and administrative framework for the transition to independence, and it relies on other legislative provisions to address potential breaches or violations. The maximum penalties for breaches are not stated within the Act itself but would be determined by the relevant laws in force at the time of any alleged breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.